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(영문) 대전고등법원 2014.07.25 2013나11735

근저당권이전등기

Text

1.In accordance with the selective claims added at the trial of the first instance concerning the principal claim, the following modifications shall be made:

Reasons

1. Scope of adjudication;

A. The Plaintiff filed a claim for the implementation of the registration of transfer with respect to the right to collateral security stated in the Disposition No. 1 through the purport of the claim and the trial of the first instance court. The Intervenor filed a claim for the implementation of the registration procedure for cancellation of the two of the registration of the right to collateral security and the right to collateral security registered in sequence with respect to each real estate listed in the separate sheet, as well as the right to collateral security

The court of first instance dismissed the plaintiff's claim and accepted all the intervenor's claim, and only the plaintiff appealed against it.

B. When rendering a judgment on the merits of a lawsuit between the plaintiff and the defendant pursuant to Article 79(1) of the Civil Procedure Act, a final judgment between the above three parties should be rendered by rendering a single final judgment with the title of the judgment. In a case where one party appeals against such judgment on the merits, the final judgment of the court of first instance shall be interrupted and the whole case shall take effect (see Supreme Court Decision 2006Da86573, 86580, Oct. 26, 2007). However, under Article 407 of the Civil Procedure Act, the subject of the judgment of the appellate court shall be limited to the scope of objection expressed in the purport of the appeal of the person who actually filed an appeal. In such a case, the judgment on the part of the intervenor's claim, which was not raised or not raised, shall be determined to the extent necessary for the unity of the conclusion between the plaintiff and the defendant, and the intervenor, within the extent necessary for the unity of the conclusion among the plaintiff and the intervenor, which may be disadvantageous to the intervenor

(See Supreme Court Decision 2007Da3776, 37783 Decided December 14, 2007). C.

In this case, since only the plaintiff appealed against the part of the lawsuit against the plaintiff, the subject of the judgment of this court is limited to the part against the plaintiff's main lawsuit, but the judgment of the plaintiff's claim in the trial including the above modified purport of claim and the right to collateral security stated in paragraph (1) of this Article